[300 copies ordered for use of House.] 


i 



EVIDENCE 




IN THE INVESTIGATION OF THE 
SALE OF VOTES. 


George W. Harrison, State Printer. 
















vJxp 

V 


EVIDENCE 

IN THE INVESTIGATION OF THE SALF 

OF VOTES. 


MORNING SESSION. 

August 19th, 1891. 

Meeting called to order by Chairman Oattis. Mr. 
Jack J. Spalding called and sworn. 

By Mr. Trammell: We have heard it rumored over 
the State that eight men either went or sent their names 
to the headquarters of Mr. Calhoun, during the last 
senatorial election, and proposed to sell out for a price— 
sell their votes. Do you know anything of it? 

Mr. Spalding: I do not know anything of one man or 
eight men sending their names there, and offering to 
sell out or anything of that kind, beyond a great many 
rumors that floated through the headquarters at that 
time. I was with Mr. Calhoun during the whole race, 
and heard a great many rumors, but my understanding 
of it was not that they came direct from the members of 
the Legislature, but from parties claiming that if certain 
influences were brought to bear, if certain men were 
brought here, and certain sums of money were put up, 
that votes could be influenced for Mr. Calhoun. I never 
heard of any legislator sending his name there, or any one 
coming who purported to speak for a member of the 
Legislature that he could buy his vote. 

Mr. Trammell: There were no names discussed at 
the headquarters and the prices with them ? 



2 


Mr. Spalding: Well, I would not say in connection 
with rumors that no names were discussed ; of course 
this discussion would relate to particular men, but no man 
at any particular price. For instance, somebody would 
come in there and say that so and so’s vote can be con¬ 
trolled at such and such a price ; no direct proposition, 
but that if the money was put up and certain men 
brought here, certain votes could be controlled, and the 
expression would be “ that a certain fellow was the 
‘Moses’ of such a voter, if you would furnish the money 
for him to come here and fix him up, you could influence 
the vote.” 

$ 

Mr. Warren : Was the impression made upon your 
mind that that influence that could be brought to bear 
upon this gentleman was legitimate or illegitimate ? 

Mr. Spalding : There is nothing that you could put 
your finger on. The only thing that conld throw any 
light on that would be the sums of money that were 
mentioned. They would not say that this or that fellow 
would get any of the money. I want to say this, in 
justice to Mr. Calhoun’s position, and I, perhaps, was in 
a better position to know than anybody else his position 
in that race. In the first place I had never been a sup¬ 
porter of General Gordon’s, although my partner, Mr. 
King, was Secretary of General Gordon’s State Commit¬ 
tee in the race for Governor, and my cousin, Dr. Spalding, 
was the Chairman of the State Committee; I was for 
Major Bacon for Governor. My political views ran a 
little different, and when General Gordon made his speech 
here last August in the State House, Mr. Calhoun was in 
New York. I immediately sat down and wrote to him, 
and told him that I knew his views in the pending issues, 
and that if he would come home and stump the State of 
Georgia, that he could be elected senator. The sub¬ 
stance of his answer to me was, that he was Governor 






3 


Gordon’s friend; that while he believed that the Gov¬ 
ernor had made a mistake, he was sorry of it, but that 
he was his friend, and did not want to oppose him. A 
short while before the Legislature met, Mr. Calhoun 
came back here, and he found out that he had been 
“ slimed’’all over this State with the innuendo that he was 
preparing to control the Legislature in the interest of 
himself for the senate and in the interest of the railroads. 
It was said that he had bought up this man and that man 
and this and that influence, and when he came here, his 
friends began to come to him, and say to him that this 
attack had been made on him and them, and he had to stand 
by them. I know that he did not look upon it as his race, 
because I heard him tell them that it was more the race of 
the Alliance; that if they nominated him, all right, and if 
not, all right, that he would go in the lead or in the 
ranks; he was nominated and entered the race. After 
he got into the race, I heard him state on three or four 
occasions, when these rumors were being discussed at his 
headquarters, that he would not take that place if it 
cost him one dollar. He made the race at personal sac¬ 
rifice and against his inclinations. I knew that his view 
of holding public office was the same as that of his grand¬ 
father; that a man who was elected to a public office ought 
net to be connected with any business interest that might 
come in contact with his duties as an office holder, and 
I know that a lot of his friends urged him to make the 
announcement that he would sever his connections with 
the railroads in case he was elected, and he said that he 
would not make the announcement, because it would 
appear that he was making a bid for votes. I know some 
of his friends criticized him. I know further than 
that, that one gentleman came there, and in my presence 
took him privately aside and told him, “If you will per¬ 
mit it, I will put up $10,000 in cash right here, to help 



4 


run your campaign ; I am your friend, and will put the 
money up.” Mr. Calhoun told him he had no need for 
any such sum of money ; that he had only his legitimate 
expenses to pay, and that he was not running that sort of 
a campaign. I concurred in these views. 

Mr. Warren : It is not that Mr. Calhoun tried to get 
votes, but that certain parties did come to his office, and 
say that they could get eight or ten votes if they had 
$ 3 .Soo ?' 

Mr. Spalding : No, sir; the extent of that was that it 
was rumored at the headquarters that certain parties could 
be influenced if money was put up, and Mr. Calhoun did 
not go into the details of it, because he laid down the 
platform that he did not intend to spend any money that 
way. 

Mr. Warren : What impression did it make upon your 
mind when you heard the rumor about the eight or ten 
men ? 

Mr. Spalding : There were some names in that list, 
speaking plainly, that were of such prominence and stand¬ 
ing in the Legislature, and men of such character, that 
the first impression made upon my mind was that it was 
a scheme of some outsiders to make some money. 

Mr. Warren : It did not strike you that these men were 
willing to sell their votes ? 

Mr. Spalding : Some of them I knew to be men of 
high tanding, and I was amazed that any one would take 
the liberty of discussing their names in such a way. The 
discussion made an impression on my mind, and I noticed 
to see how these parties voted. There was not a single 
one of those votes cast for Mr. Calhoun. 

Mr. Oattis : You were not impressed, then, in that dis¬ 
cussion with the idea that it was authorized by any par¬ 
ticular member of the Georgia Legislature ? 


Mr. Spalding : No, sir ; in fact it struck me thiswise: 

I had never known about such a transaction, but from the 
nature of it, I did not suppose that seven or eight men 
would bundle themselves together and offer themselves 
in that way. They would not bundle themselves up like 
a bunch of radishes, to sell themselves in a lump. You 
will understand that the air was perfectly full of rumors ; 
Norwood made a speech, casting innuendoes and saying 
that the Terminal Company was beliiud Mr. Calhoun, 
and of course counter-rumors reached us about what cer¬ 
tain gentlemen were doing in General Gordan’s head¬ 
quarters ; how certain influences were being brought to 
bear there, but Mr. Calhoun had laid down the platform 
that he did not intend to spend a dollar that way, and I 
do not believe that it would have been possible for him to 
have done so without my knowing of it. I was at his 
headquarters, and I know that he felt very keenly these 
innuendoes. I do not know but that question about a 
list of names grew out of some one taking a list of ru¬ 
mors down, to see how they would eventually vote. I 
do not know that any question ever came up that any¬ 
body came and presented so many names. There was 
an ordinary writing blotter that was turned over on the 
white side, that had on it names that were discussed in 
connection with rumors that had drifted in there. I think 
that is where the question about a list sprung from. 

Mr. Warren : I believe in all campaigns, they make a 
list of doubtful voters ? 

Mr. Spalding: Yes, sir. 

Mr. Trammell : Was that list you speak of a list of 
purchasable voters or of doubtful voters ? 

Mr. Spalding : It was simply a list in connection with 
rumors. Some ody would say that so and so can influ¬ 
ence this man, and that so and so can control that man. 




6 


How the list was made up, or who wrote it, I do not 
know. I saw on the back of the blotter a lot of names, 
in number somewhere in the neighborhood of this num¬ 
ber that you mention. There were men on there that I 
understood had instructions to vote certain ways. I was 
very much impressed by some of the names being on a 
list of that kind, as being men who stood high, and I do 
not believe that they could be corrupted in any way, and 
for that reason I looked upon it as the result of rumors. 

Mr. Oattis : Did I understand you to say that among 
that number were some who were instructed by their 
constituents to vote a certain way ? 

Mr. Spalding: That was my impression of it. That 
was one of the reasons that I did not think it a list that 
could be influenced, but that it was an effort of outside 
people to get hold of money under the idea that they 
could influence people. 

Mr. Oattis : The statement that was made was that this 
number of men gave it as a reason that they were not 
instructed by their constituents, and therefore they felt at 
liberty to dispose of their votes. You heard nothing of 
that kind ? 

Mr. Spalding : No, sir ; I never heard any such thing. 
No man ever came to the headquarters who said he had 
authority to dispose of any vote for four or five hundred 
dollars, or any other amount. 


AFTERNOON SESSION. 

August 19th, 1S91. 

Mr. E. P. Willis, sworn, testifies as follows : 

Mr. Warren : I suppose you know why you have been 
asked to come before this committee. It is touching 
charges of corruption against certain members of the 
General Assembly. 


/ 



7 


Mr. Willis : I know nothing except what this instru¬ 
ment shows (handing Mr. Warren the subpoena) ; that 
is the reason I am here. This is authoritative, I suppose ? 

Mr. Warren : Yes, sir. 

Mr. Willis : That is the Secretary’s signature? 

Wr. Warren : I suppose it is. 

Mr. Willis : It is authorized, and he had full authority 
to sign the same. I do that to show you that this evi¬ 
dence is compulsory. 

Mr. Warren . Under a resolution, we had perfect right 
to send for and require the presence of witnesses. Of 
course, we hope that • all testimony given will be given 
freely and voluntarily. 

Mr. Willis : I just want it understood that I did not 
volunteer to come here and give my testimony. 

Mr. Trammell : You received a summons before that ? 

Mr. Willis : Yes, sir. 

Mr. Trammell : Why did you object to the first sum¬ 
mons ? 

Mr. Willis : I objected to it because it read thus : “You 
are hereby requested to be and appear.” I did not 
propose to come on an invitation. The* last summons ' 
was “You are hereby commanded to come.” 

Mr. Trammell : You are no voluntary witness ? 

Mr. Willis : No, sir. 

Mr. Warren : You are aware that certain charges have 
been circulated throughout the State that members of 
this General Assembly offered their votes, or caused them 
to be offered, for sale at the last Senatorial contest ? 
Please give us a full statement of everything you know 
touching those charges. 


8 


Mr. Willis : This is an embarrassing condition to put a 
gentleman in from what I have learned. But if it moves 
heaven and earth, I am here to tell you the truth and 
nothing but the truth. Sometime in February, I disremem- 
ber the exact date, Col. Livingston had an appointment to 
make a speech, and he got off the cars at Ellerslie, Ga. 
There was no one met him, to carry him over to the 
place. I volunteered to carry him over to the place of 
appointment, and in the ride, I and him together, I re¬ 
marked to him, “The boys down here say you Alliance 
fellows tried to defeat Gordon with Norwood and with 
Judge Hines, and they say you finally had to pitch on to 
Calhoun because he was a moneyed man ; the Gordon men 
say because he could buy his way in there ; that is what 
they charged.” He said, “When you get to talking 
about that I will show up something on that line,” and he 
says that there were seven men, members of the 
Legislature, that offered—he said thus : that there were 
seven men there that said they believed that Calhoun 
would make as good representative for Georgia as 
Gordon, and that their constituents had not instructed 
them about it neither way, and say that if you gentlemen 
will give them $500 apiece they will go for Mr. Calhoun ; 
and that Mr. Calhoun remarked to them, “Gentlemen, I 
do not propose to spend a dime in this contest.” And he 
said furthermore, “I know of another one that came 
around and said that he rode here on horseback, and he 
said, ‘Now, if you gentlemen will give me .$250 for my 
horse, bridle and saddle, and let me go back home on 
the cars I am your man ” and he said, “All I know 
about this matter is that these seven or eight men, every 
one of them voted for John B. Gordon.” That is my 
testimony. He told me that, and it seemed that he was 
ready to make this appear as facts. 

Mr. Trammell : Did he say whether or not those men 


% 


9 


had approached him ? Did he say they came to him or 
to Mr. Calhoun ? 

Mr. Willis ; I understood him to say that they come 
to both of them together, and he said that he had their 
names. That is what he told me ; he said, “I am pre¬ 
pared to show up.” He told me that he had the names 
of those eight men. That is my testimony. I under¬ 
stand from the Constitution this morning that he denies 
it. Is that so ? 

Mr. Warren : Is it possible that he said to you that 
these were rumors floating around Atlanta ? Instead of 
saying to you that that he knew these seven or eight men 
had offered their votes to Mr. Calhoun, is it possible that 
he said to you that it was rumored around Atlanta or Mr. 
Calhoun’s headquarters that there were eight men who 
had offered their votes for sale ? 

Mr. Willis: I did not understand it as anv rumor: I did 

•j 7 

not understand it that way. I said that he had the names 
of the representatives and members of the Legislature 
who had offered to sell their votes and said he was pre¬ 
pared for an investigation. He said, “ if they come to 
talking about Mr. Calhoun that way, I can show up some¬ 
thing, and I could show up that he had chance to buy 
them.” 

Mr. Trammell: You said that he said that if “they,” 
who are “they?” 

Mr. Willis: The Georgia Legislators, or maybe out¬ 
siders who accused him of buying. He said, “if they, 
want to show up, we can show up something ourselves.” 
Understand, he did not accuse the Gordon men of buying 
these eight men; he said that Mr. Calhoun could have 
gotten them at those figures, and that he knew that they 
had voted for Gordon. They either offered themselves 
to him directly or through an agent, not to him, but him 


10 


and Mr. Calhoun. He said he had the names of them, 
and the man who offered to take $250.00 for his horse, 
and let him go back on the cars. 

Mr. Trammell: It is charged by Colonel Livingston’s 
friends that he has enemies in the Alliance, and that these 
enemies precipitated this investigation. Please state 
whether you have been in line with him, or opposed to 
him? 

Mr. Willis. I have been tied to him as strong as any 
man in Georgia. I am yet, but his principles—I am an 
Allianceman, true and tried, and I think he is on the right 
track, and I was a true Calhoun man. 

Mr. Trammell: You did not relate this conversation 
that you had with Colonel Livingston to Mr. Oattis? 

Mr. Willis: No, sir; I did not relate it to him. He 
heard it somewhere else, and then came to me about it. 

Mr. Trammell: You did not tell it, then, to other parties, 
in order to get Colonel Livingston into trouble? 

Mr. Willis: I just told it to show that Mr. Calhoun did 
not buy a vote, and the other side might have done so. 

Mr. Trammell: You have been a Livingston man? 

Mr. Willis: I have. 

Mr. Trammell: This evidence is not voluntary? 

Mr. Willis: No, sir. I am a Pat Calhoun man up and 
down. He is the greatest man in the State to represent 
Georgia and the interests of Georgia, in my humble opin¬ 
ion, and I was against Gordon. 

Mr. Willis went on to say that he was of the opinion 
that he ought to be paid by the Legislature for his actual 
expenses coming and going and while here, that he was 
out by the trip; that if he had known that he would not 
be so paid, he would have allowed the sheriff to come 


11 


after him; that it was only right and just to him that his 
expenses be paid; that he did not propose to waste his 
money to exonorate or condemn legislators, and if he had 
not had the assurance of the Chairman of this committee 
that his expenses would be paid, he would not have come 
before the committee. 

Members of the committee present: Mr. Warren, 
Chairman, Mr. Trammell and Mr. Barrett: 

Mr. Warren: I suppose you are aware, Mr. Calhoun, 
that this committee is to investigate charges that mem¬ 
bers of the Legislature caused to be offered, or offered to 
sell their votes during the last senatorial contest for 
United States Senator. 

Mr. Calhoun : 1 understand that to be the purport of it. 

Mr. Trammell: Mr. Calhoun, it is stated that eight men 
approached you, or some of your friends, and proposed to 
sell out to you for a consideration. 

Mr. Calhoun: That is not true. No member of the 
Georgia Legislature, either directly or indirectly, ap¬ 
proached me, and I certainly authorized nobody to ap¬ 
proach any member of the Georgia Legislature in regard 
to any sale or purchase of influence in the senatorial race. 

Mr. Trammell: Were the names of any members sent 
to your headquarters? 

Mr. Calhoun: There were a number of names dis¬ 
cussed. I think it proper for me to say that there were 
rumors, that if I would reach out and seek to control cer¬ 
tain outside influences in the State, that I could control 
votes of certain members of the Legislature; in short,, 
that he would bring men here to Atlanta to aid me; they 
could control members of the Legislature. At no time 
would I authorize any proposition to be made, even to 
pay the expenses of gentlemen to come here to use their 


12 


influence with the Legislature in my behalf. It is proper 
for me to say that I am glad of the opportunity of setting 
this matter finally and definitely at rest. I have felt that 
few gentlemen in this country have ever been done such 
gross injustice as has been done me. I desire to say that 
never for one moment did I ever think of exercising any 
undue influence upon any member of the Georgia Legis¬ 
lature. When I returned from New, York only ten days 
or two weeks before the Legislature met, I found that 
there had been rumors circulated throughout the State, 
that I was seeking by corruption to control the Georgia 
Legislature, and one of the things that influenced my 
course in allowing my friends to use my name, was that 
I might stand in the open light of publicity, and let any 
charge that was to be brought be made publicly. Of 
course I recognized that those rumors were circulated for 
political purposes, and I felt that it was certainly a very 
cruel insinuation to spread, that a gentleman would try to 
control his election by corruption. So scrupulously par¬ 
ticular was I, that I think some of my friends felt that I 
did not take that active interest in my own behalf that I 
ought to have done, such as sending for men from differ¬ 
ent parts of the State to come here and control members 
of the Legislature in my interest. They said that it was 
not only being done by my opponents, but that it was 
perfectly legitimate. I had but one reply to make to any 
suggestion of that sort, and that was that I would not 
spend a dollar, or authorize any friend of mine to spend 
a dollar, to get any position within the gift of the people 
of Georgia. The air was full of rumors that this Legis¬ 
lature could be controlled by money. I not only did not 
try to do so, but I did not believe it could be thus con¬ 
trolled. 

Mr. Trammell: So it is not true that names of seven or 
eight men were sent to your office, the present office of 


Calhoun, King & Spalding, as being men who could be 
paid $500.00 apiece to influence their votes for you? 

Mr. Calhoun: No, sir; nor at any stated price. This 
much was said, that there were certain members who 
could be controlled by my spending a few thousand dol¬ 
lars in bringing men here who could by their influence 
control them. 

Mr. Barrett: I think he has covered the ground. But 
there was one rumor, that there was one representative 
had a horse in town, and it was said if Mr. Calhoun 
would pay him a certain price for that horse, he would 
secure his vote, but that was idle talk. 

Mr. Calhoun: I heard a rumor that if I would by a 
certain kind of horse for a certain price, that I could get 
a vote. It was perfectly ridiculous the number of rumors 
that were started around here. 

It seems to me proper, since this matter has come up, 
that I should define my position to this committee (and I 
am glad of the opportunity), in the last senatorial race. I 
never looked upon myself as a candidate. At first, in 
the early part of the canvass, I had been strong for Gen. 
Gordon. After the breach with the Alliance, I deter¬ 
mined to take no part in the race, although Col. Living¬ 
ston and the other leaders of the Alliance, knew my per¬ 
sonal relations with Gen. Gordon, and that I was for him. 
Still later, when my friends were attacked, through me, 
on the ground that I was seeking corruptly to control the 
senatorial election, I felt it my duty to side with them, 
and to take the position that if the Alliance chose to 
nominate me, I would accept the nomination. I felt that 
this was the correct position for me to take, owing to the 
attacks that has been made upon me, and the fact that I 
was in sympathy with these people. I doubt if any man 
has been in a race for public position in this State, who 


14 


has reached out and brought as few influences to aid them, 
as I brought in this canvass. I took my headquarters 
at the Kimball house, for the purpose of having an op¬ 
portunity of meeting the members of the Legislature, and 
to uphold and support those who were pressing me, but 
I said to them all, “this is not my fight, if the Alliance 
nominates and elects me, it is all right ; if they do not, it 
is all right.” I was opposed to the Alliance Caucus 
nominatiug anybody; I felt it was an unwise thing, and I 
said to my friends that I would not take the nomination 
unless it was unanimous, and they told me that it was. 
Then for the first time I looked upon myself as a candi¬ 
date. I want to say further, because I confess it has cut 
me, although I have not gone in the public press to deny 
them, that I was greatly outraged at the rumors which 
were circulated to injure me for political purposes. I 
have felt it as much beneath my dignity to deny such re¬ 
ports as it was unnecessary for me to assert publicly that 
I was an honest man. 

COL. L. F. LIVINGSTON WAS NEXT CALLED 

AND SWORN. 

Mr. Trammell: It has been said that eight men had 
either given you their names, or approached you, or sent 
their names to the headquarters of Mr. Calhoun, as being 
willing to sell their votes for a stated price, in the last 
election for United States Senator. 

Mr. Livingston: I know nothing of that, sir. If they did 
send their names there, or if they were there themselves 
to make that proposition, I am not aware of the fact. Of 
course you ask me what I know about the matter. 

Mr. Warren: Did you ever make a statement in Geor¬ 
gia, that you knew that that had been done. The reason 
I ask this question is because it seems that this investiga- 


15 


tior grew out of a conversation you had in Columbus 
with certain parties. 

Mr. Livingston: I have not been in Columbus since 
the election for United States Senator. 

Mr. Warren: Have you ever made a statement any¬ 
where in Georgia, that you knew it to be a, fact that 
certain members of the Legislature had ever offered or 
caused to be offered their votes for a consideration ? 

Mr. Livingston: No, sir; I never made such a state¬ 
ment. And in the next place, if it was a fact, I do not 
know anything of it. I may have said that I was pres¬ 
ent when the rumor was discussed. I was not only pres¬ 
ent when the rumor was discussed in Mr. Calhoun’s 
presence, but I was present when his friends criticized 
him pretty thoroughly for not doing what Gen. Gordon 
was doing, and that was sending throughout the State, 
and getting men to come here to aid him. 

They took the ground that it was legitimate, and that 
Gordon was doing it. 

I do not know how many rumors I heard, but some of 
them were very ugly, but they w r ere nothing but rumors. 
There have bean at least a hundred gentlemen come to me 
and asked mein a confidential manner (they were Alliance- 
men generally), “Did Mr. Calhoun use any money in his 
senatorial contest? It has been charged that he did use 
it, and it has been charged that you sold your influence 
to him, and that McCune sold his influence to him.” I 
always said, “No, I did not think Mr. Calhoun used a dol¬ 
lar improperly.’ 7 Once or twice, while I was present 
with Mr. Calhoun, these rumors were spoken of, and 
every time Mr. Calhoun very emphatically said, “1 have 
not used a single dollar improperly, and I will not do it.” 
It was just simply in answer to those questions, and to 
satisfy the Alliance people especially, that I even referred 







16 


to those rumers at all. I had no other way of ascertain¬ 
ing that he refused to use money except in that way. 
Whether Mr. Calhoun ever had a direct offer from any 
one connected with the Legislature, I do not know. 

Mr. Trammell: Those rumors you speak of were used 
in connection with names of members of the Legislature 
who could be bought? 

Mr. Livingston: I never heard the names used. One 
of the rumors was that a certain influential gentleman 
could be brought here, and that several members, through 
him, could be induced to vote for Mr. Calhoun. It was 
in two different ways. One was, that certain members 
had signified their indifference as to their choice between 
Gordon and Calhoun, and that a little money spent on 
friends, to be brought here, and their influence brought 
to bear upon those men, that they could be very easily 
brought to vote for Mr. Calhoun ; and I heard Mr. Cal¬ 
houn say, when that matter was brought to his attention, 
“I will do no such thing.” The names were not used in 
my presence. Perhaps there are other gentlemen who 

can tell vou their names. 

*/ 

Mr. Trammell: Did a member ever approach you, 
who stated that he had a horse he wanted to sell for a 
certain price, and that if Mr. Calhoun would buy him at 
that price, that- he would vote for him ? 

Mr. Livingston: There were all kinds of rumors. It 
was said that Mr. Calhoun had paid Larry Gantt $50,- 
000.00, and other large sums to different persons, and 
they were talking about it, and some member of the 
Legislature said, “I ride a horse, and if Mr. Calhoun will 
give me $2,000 for him, I will sell out.” I did not hear 
a member say that, but it was reported to me as having 
come from some member of the Legislature. I was 
present when the remark was reported in the room, and 


17 


it was laughed about. I did not take it seriously, and 
suppose if it was ever said, it was said jokingly. 

They had friends at home who could control them, and 
the proposition was that if a certain amount of money 
was raised, I think two or three thousand dollars, and 
these men were brought here, they could make them 
decidedly in favor of Mr. Calhoun, legitimately and with¬ 
out any corrupt means. The money that was to be used, 
was to be used on friends on the outside. It did not 
make the impression on me that these eight men were 
corrupt. I would like very much to know (I do not know 
who the gentleman is) who said that I was present when 
the offer was made by seven or eight men to sell their 
votes—butj would like very much to know of them. 

Mr. Trammell: It is said that it was a man about 
Columbus. 

Mr. Livingston: I have not been to Columbus, but 
have been near there; I have been down to Geneva, as 
near, I think, as I have been to Columbus. I suppose 
this misunderstanding grew out of my using the expres¬ 
sion, that I was present when the offer was made to Mr. 
Calhoun to send abroad and get help. Whoever heard 
me speak of it, simply heard that. 

Mr. Trammell: Do you know of General Gordon 
using any money, or of his friends doing so ? 

Col. Livingston: 1 have heard rumors. 

Mr. Barrett: This thing is to be investigated, and we 
might as well investigate him. 

Col. Livingston: I will say this much, that two or 
three judges of the courts adjourned their courts, so that 
the lawyers could help General Gordon, and that cer¬ 
tainly Gordon had a very decided advantage of Calhoun 
in that way; and it was rumored that Gordon was spend- 


18 


ing money very freely in that way, and Mi. Calhoun s 
friends thought that he ought to do the same thing. I saw 
a great many old soldiers and gentlemen fi om all sections 
of the State of Georgia here, at work for General Gor¬ 
don. I saw them here myself, and heard tham working 
for General Gordon, but I do not know whether they 
were paid for it or not. It was rumored that there were 
ladies here on the same mission; those rumors were all 
abroad on the streets, but I do not know the truth of them. 
It was rumored also that General Gordon, for several 
nights before the election, especially the night pre¬ 
ceding the election, had taken a great many mem¬ 
bers of the Legislature to his private house, and 
that he had used every argument possible to induce them 
to support him. I do not know anything about those 
rumors, 1 was not there, and do not know whether they 
were true. I want to say this, that the air was so full 
of rumors of sales and bargains, that a man could not 
turn himself in any direction without hearing of them. I 
heard Mr. Norwood make a speech in which he said that 
there were sixty-nine members of the Alliance that were 
improperly influenced. 

Mr. Warren: I suppose you know of your own know¬ 
ledge that no member of the Legislature approached you, 
and said that Mr. Calhoun had given him $400.00 for his 
vote? They claim that there were eight members of the 
Legislature offered to sell their votes for $400 apiece. 

Mr. Livingston: No member of the Legislature ever 
hinted such a thing to me, and I never hinted such a 
thing to one of them. Not a single member ever ap¬ 
proached me on the subject. I told you that there were 
seven or eight men who could have been controlled by 
Mr. Calhoun, by the use of a certain amount of money to 
be used in bringing others here, but their names were 
not mentioned in my presence. If their names were ever 


19 


mentioned, I have forgotten them. I approved of Mr. 
Calhoun’s course decidedly, and I thought if he was 
elected United States Senator, that he ought to do so with- 
. out any unfair means, or the unlawful use of money, or 
any other consideration. 

TESTIMONY OF F. D. WIMBERLY, 

BEFORE BRIBERY INVESTIGATION COMMITTEE. 

August 26, 1891. 

Present : Messrs. Barrett, Oattis, Warren and Tram¬ 
mell. 

Mr. Oattis : Mr. Wimberly, it has been reported to 
this committee that you have said that you were pres¬ 
ent during the senatorial canvass here, and that you 
heard of a member of the Legislature who proposed to 
sell out, and that you went to him and made arrange¬ 
ments with him. Please state if this occurred, and what 
you know in reference to it. 

Mr. Wimberly : I was here during the senatorial con¬ 
test, from beginning to end. I heard some rumors as to 
matters of that sort. I never stated to any man that 
there was a member of the Legislatnre wanting to sell 
out, or anything of that sort. The most that I said, was 
that I judged from the conversation I had with one man, 
that he might be approached, and that was merely a sus¬ 
picion. 

Mr. Oattis ; You have no positive evidence then that 
any memher did offer to sell out, under any circum¬ 
stances ? 

Mr. Wimberly : No, sir. I want to say this, though 
(I do not know that that ought to go in this testimony, 
but you can use your judgment about that) I heard some¬ 
thing of rumors about a bat c h of the legislators could 



20 


be approached. I did not pay any heed to that , I did 
not set any store about it ; and I went home, and they 
asked me about it, and I gave it as my judgment that I 
did not believe any sold his vote. If any money was used* 
in corrupting the legislators, I did not see any of it my¬ 
self ; it was done in a way that I could not see. As to 
all those other matters, I do not know what transpired. 
Touching this question, I have no testimony on that for 
you. 

Mr. Oattis: You have never on any occasion said that 
you approached a certain member, and made an arrange¬ 
ment with him, by which you could purchase his vote? 

Mr. Wimberly: No, sir. 

Mr. Oattis: And that you carried the matter to Mr. 
Calhoun, and he refused to advance the money? 

Mr. Wimberly: No, sir. I will put that in this way: I 
said to Mr. Calhoun that I suspected that there was a 
member of the Legislature who if approached by a man 
who knew how to work such things, that he could be 
managed with money. While I did not approve of any¬ 
thing of that sort, yet I was hot and wanted to carry my 
point, and if Mr. Calhoun could manage for some one else 
to get the vote, I did not care. I will say this to Mr. 
Calhoun’s credit: He made me feel very sheepy in the 
answer he gave me. He raised himself up to his loftiest 
height, and with all the power of his soul and body de¬ 
clared to me that if he never got to the United States 
Senate except by the use of one corrupt dollar, so help 
him God, he would never get there, and that if he could 
not get there any other way except by honest means, he 
would never go. It all grew out of my suspicion that 
some one might be won over by money, and it was 
merely a suspicion. 

Mr. Trammell : You are a lecturer for one of the 
Congressional districts ? 


21 


Mr. Wimberly : Yes, sir ; Third Georgia. 

Mr. I rammed : Have you ever said in any address 
that you made to the Alliancemen, or people of your dis¬ 
trict, that, if Mr. Calhoun had wanted to in that way, 
he could have bought his election ? 

Mr. Wimberly : No, sir ; such a statement coming 
from any man is wholly untrue, and was maliciously 
used, because I never dreamed of saying such a thing. 

Mr. Trammell : Did you ever tell a Mr. Graham, of 
Dodge county, that you heard, while here, that a certain 
member of the Legislature would sell his vote for one 
hundred dollars ? 

Mr. Wimberly : No, sir. 

Mr. Trammell : You never approached a member on 
the subject ? 

Mr. Wimberly : No, sir ; not one. I could not do such 
a thing as that if I wanted to, for I am not an adept in such 
things. 

Mr. Trammell: Are you a minister of the gospel ? 

Mr. Wimberly: No, sir; I used to be. Mr. Graham 
wholly misunderstood me. I do not remember the con¬ 
versation to which you allude, but I remember meeting a 
Mr. Graham, a lawyer, in Baxley. I suppose he is the 
gentleman you refer to. The only one I remember is 
this lawyer, and he and I talked a good while together 
one Sunday. If I mentioned it to him at all, it was with 
the idea that so far as I knew there was but one member 
of the Legislature that excited in me any suspicion that 
he was purchasable, and I might have said that one hun¬ 
dred dollars, or such a matter, might get his vote. I 
never approached any man, and I would not have done 
it. I regard that just as I would the virtue of a woman; 
I might believe that a woman could be seduced, but I 
would not be the man to do so. 


22 


Mr. Trammell: You spoke awhile ago about rumors 
concerning seven or eight certain members of the Leg¬ 
islature that could be bought. State to the committee 
how you got those rumors. 

Mr. Wimberly: I just heard them floating around Mr. 
Calhoun’s headquarters. I will state this to you, if it 
will saiisfy you, I have read the testimony of some of the 
gentlemen you have had here, and they know a plagued 
sight more about it than I do, for I did not bother with it. 
In reading the transactions of your committee I have 
learned a good deal more about it than I ever knew before. 
The extent of those rumors I did not have a proper con¬ 
ception of. It was a thing I did not pay any attention to. 

Mr. Oattis: This particular member, to whom you 
allude, did he ever have any conversation with you, or in 
any way act so as to excite your suspicions that he might 
be bought? 

Mr. Wimberly: I think this, before I answer that ques¬ 
tion, that you would be (if not exceeding your authority 
certainly cramping my sense of justice) if you would 
force me to give suspicions. 

Mr. Oattis: I do not want you to give me that, unless 
you have evidence for that suspicion. 

Mr. Wimberly: Things happened that you might 
think that one of them might be approached by somebody 
It all amounted to this: that man was solid one day, and 
he was all wrong and wavering the next. 

Mr. Trammell: How did he finally vote ? 

Mr. Wimberly: Is that question legitimate? for I 
will tell you I am not going to bring myself into an offen¬ 
sive relation, when I simply suspected. With suspicion 
I would not attack a negro. I wait until I can prove, and 
1 don’t think you ought to drive me any farther than that, 
because it is not fair. 


23 


Mr. Oattis: I would not have you injure the character 
of any member of the Legislature, unless you have evi¬ 
dence that will prove that he is guilty. 

Mr. Wimberly: Do you insist on my answering that 
question, Mr. Trammell, and do you think I ought to 
answer it? 

Mr. Trammell: If you think that he finally fell in with 
the man that had the largest pile, I would like to know 
who spent the money. 

Mr. W imberly: If I think anything, I am prepared to 
defend it. It was all a suspicion, and I wont commit my¬ 
self on a suspicion. That man voted finally for Gordon. 
I am not sure but I ought not to have answered that 
question. 

Mr. Warren: Do you say that you were suspicious be¬ 
cause one day he was wavering and another day he was 
solid? 

Mr. Wimberly: Yes, sir; that is what aroused my sus¬ 
picions. He was a wavering man. That man never said 
a word to me by which I could criminate him, and all 
that happened between him and me it simply put in my 
mind the suspicion that a shrewd manipulator in such 
matters mi<rht seduce him. I did not have the least idea 
that I would attempt it, because I did not know how to 
do it if I had wanted to. 

Mr. Trammell: You don’t know enough about him to 
warrant you in going away from here and saying that 
Pat Calhoun could have bought one vote for one hun¬ 
dred dollars if he had been of the mind to have done so ? 

Mr. Wimberly: No, sir; I do not. 

Georgia— Dodge County. 

Personally appeared before me J. T. Graham and 
R. A. Harrell and W. E. Paul, who, upon oath, say that 


24 


they heard F. D. Wimberly say that during the sena¬ 
torial race for United States Senator in November, 1890, 
he knew a member of the Legislature who offered his 
vote for sale for one hundred dollars ; that said Wimberly 
further stated that he went to Hon. Pat Calhoun to get the 
money with which to make the purchase, and that said 
Calheun refused to furnish money for that purpose. De¬ 
ponents further say that said Wimberly further 
stated that he had the name of this member, but 
he would not expose him yet. Deponents further 
say that said Wimberly stated further that seven 
other members (eight, 8, in all) were offering their votes 
for sale, and that he intended to get their names. 

R. A. Harrell, 

W. E. Paul, 

J. T. Graham. 

Sworn to and subscribed before me this 4th day of 
September, 1891. C. J. Jones, 

Notary Public Ex Officio , J. P. 


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